Ukharu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48562 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- KURLIKOT District- Kishanganj ====================================================== UKHARU SHARMA, aged about 60 years, Male, Son of Late Metal Sharma, Resident of Village - Baleswar Farm, Power House, P.S.- Kurlikot, DistrictKishanganj ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Diwakar Sinha, Adv.

For the Opposite Party :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Special Case No. 166 of 2019 arising out of Kurlikot P.S. Case No. 27 of 2019 pending in the Court of the Additional Sessions Judge II-cum-Special Judge, Kishanganj, for the offence alleged under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

The accusation is that five liters of country made liquor was recovered from the house of the petitioner. The submission of the learned counsel for the petitioner is that from where the alleged liquor was recovered is the joint house of the petitioner and petitioner was not present there.

Learned Additional Public Prosecutor for the State

Patna High Court CR. MISC. No.48562 of 2019(2) dt.05-08-2019 2/2 opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

(Rajendra Kumar Mishra, J) Shamshad/- U T